The Upper House. 41

that the Lower houses of Assembly in this Province once thought
that the Sole Power of granting Ordinary Licences was Vested in
the Lord Proprietor, you will at least acknowledge that our Present
Lord Proprietor (who has the Same Right and Prerogatives now
that were in his Ancestors heretofore) has some Colour of Right
to the Fines arising on such Licences, and that his Right thereto
does not appear so extreamly doubtful to us as you wou'd insinuate
In Order then to Obviate this Matter We say that in the year 1664
Charles Calvert Esq.^r then Governor of this Province under the
Right honourable Cecilius Lord Baltimore Lord and Proprietor
thereof did in Virtue of Prerogatives Licence a Certain James Jolly
to keep an Inn or Ordinary in his house in S^t Marys County
and did take the said Jolly Recognizance in the Sum of One thousand
pounds of Tobacco with condition for his keeping good Rules and
Orders in such Ordinary for the Term of three years and that one
Smith afterwards in the same year obtained a Licence from the
Same Governor to keep an Ordinary at S.^t Marys County Court
House upon the same Terms and for the same Term of years,
and that in the year 1673 the same Governor issued his Proclama-
tion directed to Certain John Alien high Sheriff of Charles County
and to the Sheriff of every other County within this Province/recit-
ing that for as much as he had Granted Licences to Several Persons
within this Province for the keeping of Ordinary and that the same
Licences were restrained to only one year and then to be Void, and
for that he was informed that Several Persons in the Respective
Counties of this Province did presume to keep Ordinary notwith-
standing they had not Licences or that their Licences were Void and
out of date/Commanding the same Sheriff that he should make
publick Proclamation Through his Bailywick that all Persons that
kept any publick Ordinary within the Same either by Virtue of any
Licence from him or without any such Licence at all should Per-
sonally Appear before him at his house at Mattapenny the tenth

U.H.J.
Liber No. 35
March 24

day of January then next ensuing and bring with them such Licenses
as they had by Virtue of which they kept Ordinary or some Testi-
monials from the Commissioners of the County where they Lived
that they were Persons fit to keep Ordinary, and so take out new
Licences or else to Proclaim that the said Licences to them formerly
Granted were thereby Vacated and that they should be proceeded
against as Persons that Sold drink and kept Ordinarys without
Licences &c. and that afterwards at a General Assembly held at
S.^t Marys in May 1674 a Member of the Lower house moved the
house that it was necessary to Provide against the Inconveniences of
a multitude of Ordinarys in by Places and from such Places where
Courts were kept upon the Road to give Entertainment to Pas-
sangers and Travellers &c. and that upon a Debate before that house
thereon it was Resolved that that they should Send a Message to

p. 31